If you run a California business, you must handle leave and accommodation requests carefully. The California Family Rights Act (CFRA) and the Fair Employment and Housing Act (FEHA) impose overlapping responsibilities, and mishandling requests can trigger complaints or lawsuits.
Your duties under CFRA and FEHA
CFRA gives eligible employees up to 12 weeks of job‑protected leave, while FEHA requires you to engage in a documented interactive process to identify reasonable accommodations.
If you delay responses, accept incomplete medical forms or automatically terminate employees, you may open your business to retaliation claims or expensive litigation.
Starting in 2026, SB 1137 adds protections that recognize intersectionality and may make it easier for employees to pursue claims through the state agency or in court. As an employer, you should review your leave and accommodation procedures now and document each step consistently.
How to handle requests and reduce legal risk
A clear process makes these requests manageable. Respond to requests promptly and record every meeting, email and offer. If you must refuse a requested leave or accommodation, document in writing how they would cause undue hardship before saying no.
Starting in 2026, California employers must provide annual written notice to all employees summarizing the protections available to them. The law may treat your failure to distribute this notice as evidence that you are interfering with your employees’ rights. Keep proof of delivery and provide translations as needed for compliance.
Prevent problems before they turn into claims
Running your business does not stop with handling operations. Legal compliance is crucial because one mistake can trigger a complaint or even a class action. It may be helpful to speak with a lawyer well-versed in California law who can also audit your policies and fix gaps now. Remember, prevention costs far less than defending your business from a disruptive lawsuit.